How The Relocation Act May Affect Your Custody Case

For parents who share custody of their child with another party, a few factors may impact an existing arrangement. Moving to a new address — regardless of its proximity to your current home — is one such occasion.

Because Alabama child relocation law requires parents in this situation to follow specific rules, our family law attorney is ready to provide guidance throughout this process. The other parent could potentially argue against child custody relocation, so you should seek legal advice as early as possible.

The Requirements For Child Custody Relocation

According to the Relocation Act, you must notify all other parties who share parenting time or custody of the child at least 45 days before you plan to move. However, if you need to move sooner than 45 days, the other party should receive notification as quickly as possible. You and the other party may choose to seek a child custody modification that suits this new situation.

Our experienced lawyer at J. Timothy Smith P.C. can assist with drafting a complete notification letter, which could include:

  • New residential and mailing addresses
  • Any new phone numbers
  • Details of the child's new school
  • The date of relocation
  • Justification for the move
  • Proposed updates to your parenting plan

If the other custodial party wishes to contest a parent's relocation, they have the opportunity to request an order against it within 30 days of receiving formal notice. Each party may then work with their lawyer to provide strong reasons for their position before a judge.

Making A Mistake Could Risk Serious Penalties

The process for seeking or contesting relocation is strict. Send us your message through this website or call 205-208-7974 as soon as you believe that relocation could be a possibility. Our Birmingham firm pays close attention to deadlines so that you don't accidentally risk forfeiting parental rights.